ZENTASTICFIT

TERMS OF USE



Effective as of November 1, 2020

SECTION 1: INTRODUCTION & ACCEPTANCE OF TERMS 

These Terms of Use (the “Terms”), together with any documents they expressly incorporate by reference (collectively, the “Agreement”), are an agreement between you or the entity you represent (“you,” “your,” or “user”) and Zentastic! LLC, a limited liability company governed by the laws of the State of Delaware, USA (“Company,” ”we," “our,” or “us”). Company owns and operates a website found at https://ZentasticFit.com and any mobile application associated with it (collectively, “Platform”), which is a marketplace and directory for yoga, fitness, dance, wellness, and beauty related services offered by instructors, teams/clubs, and fitness studios. 

By accessing or using any part of the Platform, you agree, (a) that you have received, read and understood these Terms, and that these Terms create a valid and binding agreement, enforceable against you in accordance with the terms listed, (b) to be bound by these Terms, and any terms, conditions or other rules, regulations or policies of Company, as each may be amended or supplemented from time to time at our sole discretion without notice, and (c) that your use of the Platform shall comply with all applicable federal, state and local laws, rules or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws, rules or regulations applicable to your use of the Platform. If you do not accept these Terms and all the policies and documents incorporated herein by reference in their entirety, you may not use the Platform.

To the extent permitted by applicable law, we may, at any time, amend these Terms, including any features or functionality of the Platform, without prior notice to you, by posting a revised version of the Terms and/or a notification about changes made to features or functionality of the Platform. Any revisions to these Terms or changes to the Platform will take effect when a revised version or a notification is posted on the Platform unless otherwise stated. Your continued use of the Platform after the revision date constitutes (a) your acceptance of the most current Terms and/or changes in Platform and (b) agreement to be bound by any such revised terms and conditions. 

If you do not agree with any portion of these Terms, you are prohibited from using or accessing the Platform.

SECTION 2: HOW THE PLATFORM WORKS

We are an online marketplace and directory for (a) services offered by yoga teachers, fitness instructors, dance instructors, dietitians, life coaches, beauticians, and other instructors (hereinafter individually and collectively referred to as “Instructor(s)”), (b) services offered by fitness studios (hereinafter individually and collectively referred to as “Studio(s)”), and (c) group activities and club activities such as but not limited to running, chess, soccer practices (hereinafter individually and collectively referred to as “Team(s)”) organized by anyone who is 18 and above (“Team Leader”). All such services or group activities listed on the Platform shall be referred to as the “Services”. A user who is using or purchasing Services through the Platform shall be referred to as a “Client” in these Terms. Any user offering or promoting a Service on the Platform (i.e., an Instructor, Team Leader or Studio) shall be referred to as a “Service Provider” in these Terms. 

All users of the Platform are solely responsible for all interactions, conversations, and any form of communication and behavior between one another. The Platform is separate and distinct from the Services offered by the users of the Platform. We do not endorse, hire or employ any Instructors, Team Leaders or Studios nor are we responsible or liable for any interactions between any such Instructors, Team Leaders, or Studios and their respective Clients.

We reserve the right, at our sole discretion, to remove any Service or terminate any user’s Account (as defined below) if we believe that any such Service or user violated or will violate these Terms or any policy incorporated herein by reference.

SECTION 3: WHO MAY USE & REGISTER ON PLATFORM

Any unregistered user is able to access and view profiles of Instructors, Teams, or Studios as well as their respective Services. However, if you wish to send a message to a Service Provider, or use, purchase or offer a Service, you must first become a registered user by signing up for the Platform’s account (“Account”). 

Minimum Age Requirements. In order to become a registered user, you must meet our minimum age requirements or provide us with a verifiable consent from your parent or legal guardian in the event you do not meet our minimum age requirements. 

If you are a Service Provider, you must be at least eighteen (18) years of age or older. 

If you are registering as a Client, you must meet the following minimum age requirements or provide us with a verifiable consent from your parent or legal guardian:

  • For users accessing the Platform from the European Union and the European Economic Area: at least sixteen (16) years of age;
  • For users who are residents of and/or accessing the Platform from the United States: at least thirteen (13) years of age; 
  • For the rest of the users not falling under any of the previous two categories: at least eighteen (18) years of age.

If you do not meet the above-mentioned age requirements, you must provide us with a verifiable consent from your parent or legal guardian to become a registered user and open an Account. 

By accessing or using the Platform, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.

Special Requirements for Instructors. You must be at least 18 years of age and have a legal right and authorization to work in the U.S. If you want to become an Instructor on the Platform, you may be required to upload your certificate(s), license(s), qualification, or insurance documentation entitling you to provide Services you intend to offer via the Platform. This requirement applies to those who are legally required to possess a certificate or license to conduct fitness or wellness services and alike in the U.S. Instructor profiles of such users will not become public until such Instructors satisfy this requirement. Those professionals, who are not legally required to obtain a certificate or license in order to conduct Services but possess certificates that are relevant to what they will be teaching on the Platform, are strongly encouraged to upload their certificates to the Platform.

Special Requirements for Team Leaders. You must be at least 18 years of age. 

SECTION 4: YOUR ACCOUNT

Accuracy of Information. When you register for an Account, you will be asked to provide certain information about yourself. By registering for an Account, you represent and warrant that: (a) all information you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) you meet our minimum age requirements set by us or have provided us with a verifiable consent from your parent or legal guardian (see the minimum age requirements in Section 3 of these Terms). 

Registering as Entity. If you register for an Account on behalf of an entity, you represent and warrant that you have the authority to bind that entity to this Agreement. In that event, "you," "your," or “user” will refer and apply to that entity. 

Confidentiality and Security of Your Login Information. You shall be responsible for (i) maintaining and ensuring the confidentiality and security of your Account’s login information, and (ii) all activities that are conducted under your Account. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your user name, password, or other security information. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. By using your Account, you acknowledge and agree that our account security procedures are commercially reasonable. You agree to immediately notify us in the event of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to keep your login information in confidence.

Closing Your Account. You may deactivate your ZentasticFit member Account at any moment in your profile settings. We may suspend or deactivate your member Account at any time in our sole discretion for any or no reason, including if we suspect that you have violated or will violate any provisions of these Terms. 

SECTION 5: LICENSE TO USE PLATFORM

License. Subject to these Terms, Company grants you a limited, worldwide, non-transferable, non-sublicensable, revocable and non-exclusive license of the right to use the Platform.

Restricted Uses. The right granted to you under these Terms is subject to the following restrictions: 

(a) you shall not sublicense, sell, rent, lease, transfer, assign, distribute or otherwise commercially exploit the Platform or your Account to any third party, other than as provided for in accordance with these Terms; 

(b) you shall not copy, reproduce, modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Platform; 

(c) you shall not access or use the Platform in order to build a similar or competitive service/platform/website; 

(d) you shall not impersonate other individuals or entities, or provide inaccurate information about yourself; 

(e) you shall not represent an entity without its express prior authorization to do so; 

(f) you shall not engage in or promote anything unlawful, misleading, or fraudulent or use the Platform for illegal or unauthorized purpose; 

(g) you shall not violate or encourage others to violate laws, third-party rights (including the rights of publicity and privacy), or this Agreement;

(h) you shall not create more than one Account without our express written consent;

(i) you shall not permit anyone else whose Account was terminated, or who is not a registered user, to use the Platform through your Account;

(j) you shall not provide or transfer your Account’s login credentials to another party without our consent;

(k) you shall not solicit any user to use another online platform/website for provision or obtaining independent contractor services; 

(l) you shall not engage in unauthorized sales or advertising, or in organizing contests, sweepstakes, barter or pyramid schemes;

(m) you shall not express or imply that any statements you make are endorsed by us, without our prior written consent for each instance; and

(n) you shall not engage in any conduct or communication which contains a sexual emphasis, explicit content, nudity or expresses profanity, bigotry, racism, abusiveness, or vulgarity.

Moreover, you agree not to use the Platform to: 

(a) upload, distribute, or transmit any computer viruses, worms, Trojan horses, malicious code, or any software intended to damage or alter computer system, mobile device, or data; 

(b) retrieve, index, "data mine," or collect information or data of other users, including their email addresses, (e.g., using any harvesting bots, robots, spiders, or scrapers, site search/retrieval applications, or other manual or automatic devices). Notwithstanding the foregoing sentence, we grant the operators of public search engines permission to use spiders to copy materials from the Platform for the sole purpose of creating publicly available searchable indices of the Platform, but not caches or archives of the Platform. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Platform, nor to use the communication systems provided by the Platform for any commercial solicitation purposes, except as expressly provided under this Agreement;

(c) disable, overburden, impair, or otherwise interfere with servers or networks connected to the Platform (e.g., a denial of service attack or a distributed denial-of-service attack); 

(d) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform or servers, computers, databases or networks connected to the Platform (e.g., through password mining); 

(e) engage in spamming or flooding;

(f) "frame" or "mirror" any part of the Platform;

(g) restrict or inhibit any other user’s use of the Platform, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of the Platform;

(h) transmit (1) any content, language, imagery, or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, indecent, violent, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (2) any material, non-public information about us without the authorization to do so; (3) any trade secret of any third party; or (4) any solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us); and

(i) interfere with or impair another user’s use and enjoyment of the Platform, including their ability to engage in real time activities through the Platform.

Modifications/Updates. We reserve the right, at any time and at our sole discretion, to modify, suspend, or discontinue the operation of the Platform or any part thereof with or without notice. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of operation of the Platform or any part thereof. Any future release, update, or other addition to any of functionalities of the Platform shall be subject to the terms and conditions of these Terms.

Ownership. We and our licensors (if any and where applicable) own all right, title and interest, including all patents, copyrights, trademarks, trade secrets and all related intellectual property rights, in and to the Platform. The Platform is licensed to you; this means that the Platform is under no circumstances sold/transferred to you. These Terms do not convey to you any rights of ownership in or related to the Platform. Our name, logo, and other names associated with the Platform belong to us (or our licensors, if any and where applicable), and no license of the right to use them by implication, estoppel or otherwise is granted to you hereunder. You acknowledge that the Platform, the Platform’s content, and any third-party content are protected under laws, including (without limitation) under the United States of America and international copyright laws and treaties.  We (and our licensors, if any and where applicable) reserve all rights not expressly granted in these Terms. Except as otherwise provided for in this Agreement, you shall not contest or aid in contesting the ownership or validity of any patents, copyrights, trademarks, trade secrets and any other intellectual property rights (as applicable) of us or its third-party licensors in connection with the Platform.

Feedback. In the course of the use of the Platform or Services, you may provide to us comments, suggestions or other feedback on the Platform or Services, as applicable (collectively, “Feedback”). Such Feedback is provided on an “as is” basis with no warranties of any kind and you hereby grant us a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use, modify, and distribute such Feedback in any manner without compensation, or attribution of any kind.

SECTION 6: PROVISIONS RELATING TO SERVICES

Description of Services and Pricing. Service Providers are solely responsible for:

  • providing accurate information such as but not limited to his/her identity, professional experience, certifications, licenses, education, applicable awards, Service descriptions; and
  • setting Instructor’s Service prices and availability. 

Service descriptions and prices on the Platform are subject to change without notice. Clients and Instructors shall honor and agree to the prices established at the time of booking. 

Cancellation and Rescheduling Policy. Services booked through the Platform are subject to the following rescheduling and cancellation policy. Client will pay for a session with Service Provider at the time of booking. ZentasticFit will send Client a reminder at least 48-hours prior to the time of the session, as applicable, for you to confirm the time of the session. Client will have an opportunity to cancel or reschedule any Service at least 24 hours prior to the scheduled time of the session. If Client fails to confirm or cancel the booking of the session within the allotted time, Client agrees that the session will be considered confirmed. If Client misses a session or does not show up for any reason, a refund or rescheduling of the Service may be provided only at the discretion of the Service Provider (it is your responsibility to negotiate the refund or rescheduling of the Service with the Service Provider). For more information please refer to our Cancellation and Rescheduling Policies, Client Payment Policies, and Instructor Payment Policies in full. 

Premises for Services Provided by Team Leaders. The Company encourages Team Leaders to conduct their Services in public spaces  (e.g., parks, fitness facilities, school facilities, libraries) and does not support Services conducted in private spaces (e.g., at someone’s home). Moreover, landlords or managers of any such premises must take reasonable care to maintain and repair premises so as to avoid injury or damage to those who use the premises. Landlords and managers of premises have a duty to ensure that their premises are reasonably fit for the purpose for which they are used and to keep the property in reasonably maintained state. 

Payment Terms. The Company will handle all payments on behalf of Instructors and Studios. Acceptable forms of payment shall be PayPal and major credit/debit cards including but not limited to Visa, Mastercard, American Express, and Discover. The default currency for all purchases is US dollars. Any fees and expenses associated with the Team activities (e.g., equipment, renting space, if any) shall be paid directly to Team Leaders, the entities they represent, or the facilities where the Team activities, meetings and games take place. 

Payment processing services for Instructors and Studios on the Platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to operate as a Service Provider on the Platform, Instructors and Studios agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the Platform enabling payment processing services through Stripe, Instructors and Studios agree to provide us with accurate and complete information about Instructors and Studios, and the respective businesses, and Instructors and Studios authorize the Platform to share them and transaction information related to their use of the payment processing services provided by Stripe.

Adult Supervision. FOR ANY CLIENT WHO IS UNDER 18 YEARS OF AGE, USER AGREES THAT SUCH CLIENT’S PARTICIPATION IN ANY SERVICE SHALL BE SUPERVISED OR APPROVED BY A RESPONSIBLE ADULT.

License to Perform Music. Each Service Provider must comply with all music licensing laws and purchase a public performance license (also called a blanket license) to perform music for its Clients.
A public performance license is an agreement between a music user and the owner of a copyrighted composition (song), that grants permission to play the song in public, online, or on radio. This permission is also called public performance rights, performance rights, and performing rights.

A public performance license is required no matter how small a portion of the song you use. There are some exceptions where a public performance license is not required (together “Public Music”).

Please contact performing rights organizations (PROs) such as BMI, SESAC, and ASCAP, who generally manage public performance licenses and issue music royalties to artists on a per-use basis, if you need to obtain a public performance license.

If you are a Service Provider, you hereby represent and warrant that you have obtained a public performance license for all copyrighted music you wish to use during performance of your Services and/or that you are using Public Music for the same purpose. Service Provider agrees to indemnify, defend, and hold the Company (including its officers, directors, employees, affiliates, licensors, contractors and agents) harmless from any and all claims, liabilities and costs, losses, damages or expenses (including attorney’s fees) arising from any third-party claim relating to or arising from a claim of infringement of any copyright or other intellectual property right of any third party as a result of performing the Services.

Background Check 

We make no representation regarding any Service Provider’s qualification to provide Services, and Clients must make that determination for themselves based on all available information, including but not limited to any background checks that Services Providers may complete on his/her profile. You understand and acknowledge that we do not necessarily conduct background checks of any Service Provider, and any background checks provided to us may not cover all federal, state, and county records. Offenses for minors may not appear during a background check and the background check will only cover publicly available convictions that may not be up to date. Not all databases are up to date. In order to protect a Service Provider’s privacy, the results of a background check are only reported to ZentasticFit on a pass/fail basis. You also understand and agree we neither confirm nor deny the validity of information provided by any user or by any third party, and that we do not represent or warrant that it has verified that any or all Service Providers have passed a background check. Users agree to review our Background Check Policy prior to any use of the Platform.   

For Instructors. Notwithstanding the foregoing, all Instructors shall complete a background check at their own expense with an entity or organization proposed by the Company (e.g., Chekr, Inc.) if such Instructor will provide Services to minors. Any Instructor who successfully completes a background check will have a “background check completed” badge displayed on his/her profile. 

For Team Leaders. Notwithstanding the foregoing, anyone who wishes to become a Team Leader must complete a background check at his/her own expense with an entity or organization chosen by the Company (e.g., Chekr, Inc.) if the Team will involve a Minor. Upon successful completion of the background check, any Team page created by the Team Leader will have a “background check completed” badge displayed next to the Team Leader’s name. 

SECTION 7: YOUR CONTENT

Content. The Platform may include material provided by third parties, including materials provided by other users, third-party licensors, aggregators, and/or reporting services.  Any registered user may create, upload, post, display, share, and otherwise make available certain information or text (e.g. Service review, Service description, or any message from one user to another), documents (including certificates), graphics, videos (including workout videos), audio files, hyperlinks, or other yoga, fitness, dance, wellness and beauty-related materials on the Platform (collectively, "Content"). You are solely responsible for the Content you create, upload, post, display, share or make available on or through the Platform, including its accuracy, legality, and appropriateness and we do not assume any liability for any Content posted by you or any other Platform user.  All statements and/or opinions expressed in the Content are solely the opinions and the responsibility of the person or entity providing such Content.  Such Content does not necessarily reflect the opinion of the Company.

Your Representations and Warranties with Regard to Your Content. By posting or making your Content available via the Platform, you represent and warrant that: (i) you own the Content and/or you have the right to use it and the right to grant us and other users of the Platform the license as provided below; (ii) your creating, uploading, posting, displaying or sharing Content on or through the Platform does not violate or infringe any law, privacy rights, publicity rights, copyrights, trademarks, contract rights or any other intellectual property or other rights of any person or entity; (iii) your Content does not and will not promote or contain sexually explicit content or pornography; (iv) your Content does not promote or contain harassing, abusive, inflammatory, violent, hateful, defamatory, or discriminatory content and does not incite hatred against any individual or group; (v) your Content will not be likely to deceive any person; (vi) you will not impersonate any person or misrepresent your identity or affiliation with any person or organization; (vii) your Content will not give the impression that they emanate from or are endorsed by us or any other person or entity, if this not the case; and (viii) your Content will not involve commercial activities or sales other than as permitted under these Terms. We reserve the right to terminate the Account of anyone found to be infringing any intellectual property or privacy rights or violating any provisions of these Terms. 

Ownership of Content. You and your licensors (if any) retain any and all of your rights to any Content you upload, post, display, share or otherwise make available on or through the Platform and you and your licensors (if any) are responsible for protecting those rights. We take no responsibility and assume no liability for Content you upload, post, display, or share on or through the Platform. 

Licensing your Content to Company. By posting or making your Content available via the Platform you grant the Company an exclusive, irrevocable, worldwide, perpetual, unlimited, freely assignable and sub-licensable, fully paid up and royalty-free license of the right to use, perform, display, reproduce, modify, and distribute such Content on and off the Platform including, but not limited to, Company’s social media channels, mobile applications, and any other websites owned by the Company (such as ZentasticNews.com). 

Your Content in Open Communication Tools. We provide various open communication opportunities on the Platform (collectively, “Open Communication Tools”) by allowing users to post comments and reviews and to rate Services. All of your comments, reviews and ratings of Services are considered to constitute your Content. You understand that we do not pre-screen or monitor the Content posted by users through these various Open Communication Tools, which means that if you choose to use these Open Communication Tools in order to share any type of Content on the Platform, then it is your personal responsibility to use these tools in a responsible and ethical manner (please review our Code of Conduct below). By posting information or otherwise using any Open Communication Tool, you agree that you will not upload, post, share or otherwise distribute any Content that (i) is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit material or language; (ii) infringes or violates any trademark, patent, trade secret, copyright, or other intellectual property, privacy, or proprietary rights of any party; (iii) contains any type of unauthorized or unsolicited advertising; or (iv) impersonates any person or entity, including any the Company’s employees or representatives.

Our Right to Remove Your Content. We reserve the right at our sole discretion to remove any Content that we feel in our judgment does not comply with this Agreement, along with any Content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or infringes or violates any third-party patents, trade secrets, copyrights or trademarks, or other intellectual property, privacy, or proprietary rights. Moreover, we are not responsible for any delay or failure in removing such Content. If you post Content that we choose to remove, you hereby consent to such removal and consent to waive any claim against us. We may also terminate a user’s access to the Platform, in our sole discretion, if such user has been notified of any such infringing or violating activity.

Copyright/DMCA Policy. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that any content on the Platform infringes your copyrights, you may submit a notification pursuant to the DMCA by providing our copyright agent with the following information in writing:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or a representative list of such works if more than one work is at issue;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Company’s designated copyright agent to receive notifications of claimed infringement is:

Jeffrey Kuo
Taft Stettinius & Hollister LLP
111 East Wacker, Suite 2800
Chicago, IL 60601
jkuo@taftlaw.com
(312) 836-4154

You acknowledge and agree that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. 

SECTION 8: CODE OF CONDUCT 

All Users of the ZentasticFit Platform or Services are expected to:

    1. be polite and respectful in conversations;
    2. provide honest feedback about Services received (this includes both negative and positive comments); 
    3. complete all transactions (including financial/payment transactions) originating from the Platform  within the Platform; and 
    4. observe all anti-harassment and non-discrimination laws when communicating with other users of the Platform. 

All Users of the ZentasticFit Platform or Services may not:

  1. transmit any Content that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable from religious, political, racial, gender, sexual orientation, age, or disability perspectives;
  2. be disruptive during any lesson or group instruction;
  3. transmit or send out spam messages;
  4. transmit or share personal and sensitive data with other users of the Platform including via Open Communication Tools;
  5. impersonate another person or entity; 
  6. act in a deceptive manner; 
  7. create or copy any material or Content that violate any local, state or federal law;
  8. copy or post Content that violates or infringes on our or any third party’s intellectual property, privacy or other rights; and
  9. misrepresent one’s Services.

The Company has the right, but not the obligation, to monitor all conduct on and Content submitted to the Platform. The Company reserves the right to alter, edit, remove, or refuse to post any Content, in whole or in part, if any such Content is found to be in violation of the Agreement, applicable laws, regulations, or legal processes.

SECTION 9: FORCE MAJEURE 

Any delay or failure of a Platform user or the Company to perform its obligations under these Terms will be excused if and to the extent that it was caused by an event or occurrence beyond any such user’s or the Company’s reasonable control (“Impacted Party”) and without its fault or negligence (a “Force Majeure Event”). A Force Majeure Event includes, but is not limited to, acts of God, actions by any government authority (whether valid or invalid), epidemics, pandemics, fires, floods, windstorms, explosions, riots, natural disasters, wars, sabotage, acts of terrorism, strikes, labor stoppages or slowdowns, shortage of adequate power, breakdown of web host or internet service provider, court injunction, or court order. The Impacted Party must provide the other party with written notice of such delay (including the anticipated duration of the delay) within ten (10) days of the occurrence of Force Majeure Event. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. In the event that the Impacted Party’s failure or delay remains uncured for a period of thirty (30) days following written notice given by it under this Section 9, either party may thereafter terminate this Agreement upon ten (10) days’ written notice.

SECTION 10: INDEPENDENT INSTRUCTOR AND TEAM LEADER STATUS

Nothing in these Terms is intended to, or shall be construed to create an independent contractor, partnership, agency, joint venture, employment or similar relationship between you and ZentasticFit. Any Service Provider is and will remain an independent contractor in its relationship to clients and team members, as applicable. Each Service Provider shall have the sole right and responsibility to determine the manner, method, and means of performance by which he/she/it will provide the Services. Notwithstanding the forgoing, each Service Provider agrees to adhere to any applicable policies and procedures as may be required by the Agreement and any applicable law. The Company or Clients shall not be responsible for withholding any taxes with respect to Service Providers’ compensation received for Services. Service Providers will pay all applicable federal, state and local taxes based on their provision of Services. Service Providers shall not claim or seek any vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind from their clients or ZentasticFit. Neither party shall have the power or right to bind or obligate the other party, nor shall it hold itself out as having such authority.

If you are an Instructor, you must read and consent to terms and conditions stated in our Independent Instructor Terms. If you are a Team Leader you must read and consent to terms and conditions stated in our Team Leader Guidelines. 

SECTION 11: MEDICAL DISCLAIMERS

Professional advice disclaimer. Services and other material listed on the Platform offer health and fitness information and are designed for educational and entertainment purposes only. You should consult your physician before beginning a new fitness or diet program. You should not rely on information or training programs available on the Platform, including information and programs tailored specifically for you, as a substitute for professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other healthcare professional. Do not disregard, avoid or delay obtaining medical or health-related advice from your healthcare professional because of information available on the Platform or communicated to you through the Platform. The use of information provided through the Platform including any Service is solely at your own risk. Nothing stated or posted on the Platform is intended to be, and must not be taken to be, the practice of medical or counseling care. The practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing healthcare treatment, instructions, diagnosis, prognosis or advice. The Platform is continually under development and the Content it hosts is being continuously populated by Service Providers; therefore, the Company makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness of any part of Content for any purpose. In that regard, developments in medical research may impact the health, fitness and nutritional advice that appears as a part of any such Content. No assurance can be given that the advice contained on the Platform will always include the most recent findings or developments with respect to the particular material. 

Health Disclaimer. By using the Platform or any Service found on the Platform, you affirm that either your physician has approved your use of any such Services or that all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness as a result of exertion; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure; and (viii) you do not know of any other reason you should not exercise. You are solely responsible for determining whether you are physically and mentally fit and/or adequately skilled to participate in Services offered through the Platform. You are responsible for providing accurate information and disclosing any health or medical issues to Service Providers. All training sessions are tailored based on the information you provide. We may refuse or deny you access to any Service if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.

Risks of Injuries. Despite careful and proper preparation, instruction, medical advice, and conditioning, participation in Services may involve a risk of serious injury. All hazards and dangers cannot be foreseen. Depending on a particular activity, certain risks, dangers and injuries are inherent including, but not limited, due to overexertion, lack of hydration, loss of appetite, quick loss of weight, improper technique, ignoring safety precautions, failing to properly follow instructions, slips and falls, unfamiliarity with equipment and/or exercise, any equipment failure, failure in supervision/instruction, premises defects and other risks.  Therefore, you hereby agree to assume all risks (whether known or unknown to you) associated with your participation in the Services.

Depending upon a person’s physical condition, age and/or skill level, some Services may involve a substantial risk of different types of injuries, including without limitation: (i) heart attack, stroke and circulatory problems, (ii) bone and joint injuries, (iii) back and neck injuries, (iv) shin splints, (v) muscle strain and other muscle injuries, (vi) foot problems, (vii) psychological injury, pain or suffering, (viii) disfigurement, (ix) temporary or permanent disability (including paralysis), (x) death or (xi) economic loss. You understand and agree that you are solely responsible for all costs related to any medical treatment and any related medical transportation and/or evacuation in the event of any injury. You hereby release, forever discharge, and hold harmless the Company from any claim based on such treatment or other medical services.

In addition, a very small percentage of people may experience a seizure when exposed to certain visual images, including flashing lights or patterns that may appear in a video. Seizures may have a variety of symptoms, including lightheadedness, altered vision, eye or face twitching, jerking or shaking of arms or legs, disorientation, confusion, or momentary loss of awareness. Seizures may also cause loss of consciousness or convulsions that can lead to injury from falling down or striking nearby objects. If you experience any of these symptoms, you should immediately stop exercising, consult a doctor or call emergency services (911 if in the United States).

Risks from participating in Services may be aggravated if you are pregnant, suffer from an underlying medical condition, take medication, smoke cigarettes, have a family history of coronary disease, or have recently suffered an illness, injury or impairment. Accordingly, it is your responsibility to consult with and obtain approval from your doctor before booking any Service, especially if you have any pre-existing health conditions, injuries, or other concerns, or if you are currently taking any kind of medications. It is also your responsibility to determine, during your participation in Services, whether you should discontinue your participation in such Services or take any other actions to protect your health or safety.

BMI calculator. Body mass index (BMI) is a measure of body fat based on height and weight of adults.

BMI is a simple estimate of body fat and an indicator of risk for diseases that can occur due to high body fat. People who are overweight (BMI of 25–29.9) have too much body weight for their height. People who are obese (BMI of 30 or above) almost always have a large amount of body fat in relation to their height. The higher the BMI, the higher the risk for heart disease, high blood pressure, type 2 diabetes, and other diseases. 2

Although BMI can be used for most men and women, it has its limitations: It may overestimate body fat in athletes and others who have a muscular build. It may underestimate body fat in older persons and others who have lost muscle. Moreover, BMI for children and teens, 2 to 20 years old, is determined differently. 

For more information about BMI and how to calculate it for various age groups, visit CDC’s website: www.cdc.gov/healthyweight/assessing/bmi/index.html.

The BMI calculator is not intended to be used as medical advice, nor is it a substitute for independent professional advice. The data you receive based on the BMI calculator is not intended to be used to diagnose, treat, cure or prevent any disease, nor should it be used as a substitute for your own health professional's advice. Please consult your health practitioner before making any changes to your diet, eating or exercise habits.

SECTION 12: GENERAL DISCLAIMERS

General Disclaimer. We disclaim all, and assume no responsibility for, evaluating or verifying the accuracy, suitability, truthfulness or authenticity of any Content posted or provided by a user of the Platform to us. We assume no responsibility for ensuring a user’s compliance with any applicable laws (including copyright and music licensing laws), rules and regulations or these Terms. We have not inspected any premises chosen by Team Leaders or Studios for provision of their Services. We are not responsible for the conduct, whether online or offline, of any user of the Platform. Under no circumstances will we or any of our employees, officers, agents, advertisers or affiliates be responsible for any loss or damage, including personal injury, emotional distress, death and/or any other damages resulting from your use of the Platform, Services, any Content posted on the Platform, or any interactions between you and other users of the Platform, whether online or offline. We cannot guarantee and do not promise any specific results from use of the Platform or Services. We make no representation that the information provided on the Platform is accurate. You acknowledge that the Platform may contain errors, inaccuracies and omissions and assume any and all risk of loss, harm or damage associated with access to and use of the Platform. We cannot guarantee that each registered user has reached the required minimum age, nor do we accept responsibility or liability for any Content or use of the Platform by persons who have not reached the required age in violation of this Agreement. Also, it is possible that some users of the Platform (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials using the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you publicly disclose using the Platform. Please carefully select the type of information that you post on the Platform. We disclaim all liability, regardless of the form of action, for the acts or omissions of Platform users (including unauthorized users), whether such acts or omissions occur during the use of the Platform or otherwise. 

DISCLAIMER OF WARRANTIES. YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE QUALITY OF ANY SERVICE WILL MEET YOUR EXPECTATIONS. OCCASIONALLY SOME INFORMATION ON THE PLATFORM MAY CONTAIN TYPOGRAPHICAL ERRORS, INACCURACIES OR OMISSIONS THAT MAY RELATE TO SERVICE DESCRIPTIONS, PRICING, PROMOTIONS, OR OFFERS. 

LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE PLATFORM, ANY THIRD-PARTY SITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER THIRD-PARTY SITES, OR PARTICIPATION IN THE SERVICES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. NOTWITHSTANDING THE FOREGOING, IF WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGES OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE PLATFORM, ANY THIRD-PARTY SITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER THIRD-PARTY SITES, OR YOUR PARTICIPATION IN THE SERVICES, OUR LIABILITY SHALL IN NO EVENT EXCEED ONE HUNDRED U.S. DOLLARS ($100). ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Need For Reliable Internet Connection. The use of the Platform and Services may require you to have a computer and a sustained and reliable internet connection. We do not provide refunds for technical failures, power outages or unreliable internet connections beyond our control.

Your Interactions with Other Users. We make no representations or warranties as to the conduct of Platform users. You understand that we make no guarantees, either express or implied, regarding your ultimate experience with users you meet through the Platform. You do so at your own risk. Therefore, you are solely responsible for your interactions with other users of the Platform. You agree to take reasonable precautions in all interactions with other users of the Platform. No Client is obligated to meet offline with any other Client or Instructor. You understand that not all Service Providers have background checks and that we do not perform background checks on Clients. The extent of the background check is limited by the quality and scope of service provided by our third-party investigative service and the limitations of electronically accessible public records. Not all jurisdictions or crimes are evaluated as part of the criminal background check. 

Third-Party Sites. We or any registered user of the Platform may post links to third-party websites in comments, Service descriptions, or otherwise ("Third-Party Sites"). We do not endorse any of these Third-Party Sites and do not own or control them in any manner. Accordingly, we do not assume any liability associated with Third-Party Sites. You need to take appropriate steps to determine whether accessing a Third-Party Site is appropriate, and to protect your personal information and privacy on such Third-Party Site.

SECTION 13: WAIVER, RELEASE & INDEMNIFICATION

You recognize and acknowledge that there are inherent risks of physical or mental injury to participants in any fitness or wellness activity, including in any Service offered via the Platform by Service Providers, and you voluntarily agree to assume full risk of any and all injuries, damages or loss, regardless of severity, that you may sustain as the result of any Service. You hereby, on behalf of yourself, your heirs, executors and assigns, fully, forever and irrevocably waive and release any and all claims, now known or hereafter known, against the Company, its shareholders, directors, agents, representatives, employees, agents, consultants, affiliated companies, partners, successors and Service Providers (hereinafter collectively referred to as “Releasees” or “Indemnified Parties”) on account of injury, illness, disability, death, or property damage arising out of or attributable to the Services or the Platform, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. You covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.

You agree to defend, indemnity, and hold harmless Indemnified Parties against any and all damages, losses, liabilities, expenses, deficiencies, actions, judgments, settlements, awards, fines, costs, and claims of whatever kind, including reasonable attorney fees and the costs of enforcing any right to indemnification under this Agreement, arising out of or resulting from any claim of a third party related to your use of the Services or Platform or any breach of the Agreement, including without limitation claims alleging negligence on behalf of any of the Indemnified Parties, and any claims involving: (i) participation in any Services, (ii) use of any fitness equipment, (iii) any loss or theft of personal property, and (iv) accidental injuries, such as “slip and fall” injuries (collectively “Claims”).
In the event that you have a dispute with one or more users of the Platform (including without limitation, any dispute between users regarding any transaction or user contributed Content) or any Third-Party Site that may be linked to the Platform, including without limitation any social media site, you hereby agree to release, remise and forever discharge Indemnified Parties from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the Platform.

SECTION 14: DISPUTE RESOLUTION

Disputes Among Users. You agree to use your best efforts to settle any dispute you may have with any other user of the Platform in an amicable way by mutual negotiations. However, should an amicable settlement between you and another user be impossible, we will try facilitating the resolution of the dispute. If you have any dispute, contact us at contact@ZentasticFit.com. The Company will make an attempt to assist by reviewing the dispute and proposing a mutual, non-binding resolution to the disputing parties. If our dispute process does not resolve your problem, you may pursue the issue independently, but you acknowledge and agree that the Company will not and is not obligated to provide any dispute assistance beyond what is offered in this Section 14.

Governing Law and Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by an arbitrator order, you agree that any claim or dispute that has arisen or may arise between you and the Company must be resolved exclusively by a state or federal court located in the state of Iowa. You and the Company agree to submit to the personal jurisdiction of the courts located within Polk County, Iowa for the purpose of litigating all such claims or disputes. All matters relating to the Platform and this Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to principles of any choice or conflict of laws. 

Disputes Between User and Company. Please read the following and remaining Section 14 (hereinafter referred to as the “Agreement to Arbitrate”) carefully as it affects your rights and will have a substantial impact on how disputes between you and the Company will be resolved.

You agree that any suit, action, proceeding, claim or dispute at law or equity that may arise between you and the Company relating in any way to or arising out of these or previous versions of the Terms, any policies incorporated herein by reference, your use of or access to the Platform, or any products or services sold or purchased through the Platform, will be resolved exclusively through final and binding arbitration under the Rules of Arbitration of the American Arbitration Association, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. You and the Company further agree as follows:

    1. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND THE COMPANY AGREE THAT EACH ONE MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER PARTIES. CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY ARE NOT ALLOWED UNDER THIS AGREEMENT.

    2. Arbitration Procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement to Arbitrate as a court would. All issues are for the arbitrator to decide, except as prohibited by law. In the event of arbitration arising out of this Agreement, each party shall pay its own costs and expenses of litigation or arbitration.

      The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.

      A party who intends to seek arbitration must first send to the other, by certified mail, written Notice of Dispute ("Notice"). The Notice must include a description of the nature and basis of the claims the party is asserting and the relief sought. The Notice to the Company should be sent to Zentastic! LLC, Re: Notice of Dispute, 6750 Westown Pkwy, Suite 200, PMB 375, West Des Moines, IA 50266. The Company will send any Notice to you to the physical address we have on file associated with your Account; it is your responsibility to keep your physical address up to date.

      If you and the Company are unable to resolve the claims described in the Notice amicably within thirty (30) days after the Notice is received, you or the Company may initiate arbitration proceedings. The party initiating the arbitration must mail a copy of the completed form for initiating arbitration proceedings to the opposing party. Any settlement offer made by you or the Company shall not be disclosed to an arbitrator.

      Subject to these Terms, the arbitration hearing shall be held in a mutually agreed location. If the value of the relief sought is $10,000 or less, you or the Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and the Company subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or the Company may attend by telephone, unless the arbitrator requires otherwise.

      The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Platform user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

    3. Severability. If an arbitrator decides that any part of this Agreement to Arbitrate is invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect. 

    4. Opt-Out Procedure. If you are a new platform user, you can choose to reject this Agreement to Arbitrate by mailing us a written opt-out notice ("Arbitration Opt-Out Notice"). The Arbitration Opt-Out Notice must be postmarked no later than thirty (30) days after the date you accept these Terms for the first time. You must mail the Arbitration Opt-Out Notice to Zentactic! LLC, Re: Arbitration Opt-Out Notice, 6750 Westown Pkwy, Suite 200, PMB 375, West Des Moines, IA 50266. You must complete the Arbitration Opt-Out Notice by providing your full name, address (including street address, city, state and zip code), and email address associated with the Platform’s Account and state that you wish to opt out of this specific Agreement to Arbitrate. You have to sign the Arbitration Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of this Agreement will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

    5. Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in this Agreement to Arbitrate to the contrary, you and the Company agree that if the Company makes any amendment to this Agreement to Arbitrate (other than an amendment to any notice address provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against the Company prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and the Company. Any amendments to this Agreement to Arbitrate will take effect when a revised version or a notification is posted on the Platform unless otherwise stated. Your continued use of the Platform after the revision date constitutes (a) your acceptance of the revised Agreement to Arbitrate and (b) agreement to be bound by any such revised terms and conditions. 

SECTION 15: MISCELLANEOUS PROVISIONS

Term and Termination. These Terms will remain in full force and effect while you use the Platform and/or are a registered user. You may deactivate your ZentasticFit member Account at any time, for any reason, by navigating to your Account settings. We may deactivate your Account if we find or have a reasonable basis to believe that you have breached these Terms. This Agreement and your Account may also be terminated by us at any time without notice or cause. After your Account is deactivated, or if this Agreement is terminated, all provisions that by their nature may survive termination of these Terms shall be deemed to survive such termination, including without limitation all disclaimers and limitations of liabilities set forth in these Terms.

Non-Circumvention. During the term of these Terms and for two years thereafter, no user shall, directly or indirectly, circumvent, initiate, solicit, negotiate, contract or enter into any business transactions with any other user introduced by us through the Platform, without our written consent. 

Privacy & Security Policy. Privacy and security of your personal information is very important to us. To find out more on what type of information we collect and how we safeguard it please review our Privacy & Security Policy. The Terms include and hereby incorporate by reference our Privacy & Security Policy.

Platform is ADA compliant. The Americans with Disabilities Act (“ADA”) requires certain businesses to make accommodations for people with disabilities. Web content should be accessible to the blind, deaf, and those who must navigate by voice, screen readers or other assistive technologies. Businesses that fall under Title I, those that operate 20 or more weeks per year with at least 15 full-time employees, or Title III, those that fall under the category of "public accommodation," are covered by the ADA. 

If you are having trouble accessing any features of the Platform, please contact us at contact@ZentasticFit.com.

No Waiver. No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition, and any failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. 

Assignment. We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets, corporate transaction, or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.

Severability. If any provision of these Terms is, for any reason, held to be invalid, illegal, void or unenforceable, the remainder of the Terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction.

Consent to Electronic Notices. You consent to the use of (a) electronic means to execute these Terms and to deliver any notices (including complaints) pursuant to these Terms, and (b) electronic records to store information related to these Terms or your use of the Platform or Services. Notices (including complaints) hereunder shall be invalid unless made in writing and given (a) to you by Company via email (to the email address that you provide), (b) a posting on the Platform or (c) by you to Company via email to contact@ZentasticFit.com or to such other email addresses as Company may specify in writing, and by Certified or Registered Mail with return receipt requested and postage prepaid to the address set forth below. Notices to user shall be deemed delivered when delivered or transmitted to you electronically, and notices delivered to you electronically (including without limitation via electronic mail) shall be deemed written notices. Notices to us shall be deemed given on the date notice is received by us (as evidenced in the case of Certified or Registered Mail by return receipt).

Contact Us

All feedback, comments, requests for technical support, and other communications related to the Platform should be directed to:

Email: contact@ZentasticFit.com

Mailing Address: 6750 Westown Pkwy, Suite 200, PMB 375, West Des Moines, IA 50266